Publications - Gibson Dunn

Publications

Our lawyers provide sophisticated analysis, practical guidance and thought leadership on a wide range of topics. We encourage our readers to review this collection of client alerts, articles and white papers and benefit from the authors’ exceptional experience, market knowledge, practiced judgment and singular insights.

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2008 Securities Litigation Reform Forecast: Cloudy, Chance of Rain

New York partners Jonathan C. Dickey and Aric Wu and associate Ross Wallin are authors of "2008 Securities Litigation Reform Forecast: Cloudy, Chance of Rain" [PDF] published in the February 2008 issues of Securities Litigation Report.

Client Alert | February 15, 2008

Supreme Court Reaffirms Narrow Scope of Primary Liability Under Section 10(b): Stoneridge Investment Partners v. Scientific Atlanta, Inc.: The Supreme Court Rejects “Scheme” Liability, Insights, Vol. 22, No. 1

New York partner Jonathan C. Dickey, Washington, D.C. partner Mark A. Perry, and Los Angeles partner Julian W. Poon are authors of "Stoneridge Investment Partners v. Scientific-Atlanta, Inc.: The Supreme Court Rejects 'Scheme' Liability" [PDF] published in the January 2008 issue of Insights.

Client Alert | February 10, 2008

Parallel competences – Patchwork or framework?

Brussels Associate Vassili Moussis is the author of "Parallel competences - Patchwork or framework?" [PDF] in the February 2008 issue of Global Competition Review.--------------------------------------------------------------------------------Reprinted with permission.   www.GlobalCompetitionReview.com

Client Alert | February 5, 2008

Changes to English Company Law: Directors’ Duties

London partner James Barabas and associate Sarah Trapani are the authors of "Changes to English Company Law: Directors' Duties" [PDF] which appeared in the February 2008 issue of Insights.

Client Alert | February 1, 2008

Stoneridge and the Continued Reconceptualization of Implied Private Rights of Action

Washington, D.C. partner Mark Perry is the author of "Stoneridge and the Continued Reconceptualization of Implied Private Rights of Action" [PDF] published in the February 2008 issue of Wall Street Lawyer.

Client Alert | February 1, 2008

Inside the SEC – Highlights from the 35th Annual Securities Regulation Institute

Partner James J. Moloney and associate David C. Lee are authors of "Inside the SEC -  Highlights from the 35th Annual Securities Regulation Institute" [PDF] published in the February 2008 issue of Insights.  Reprinted with the permission of Aspen Publishers www.aspenpublishers.com.

Client Alert | February 1, 2008

Standardisierungs-Kooperationen und Kartellrecht

Munich partner Michael Walther and associate Ulrich Baumgartner are authors of "Standardisierungs-Kooperationen und Kartellrecht" [PDF] (roughly translates as "Standard-Setting Bodies and Antitrust Law") published in the German competition and antitrust magazine Wirtschaft und Wettbewerb (WuW), Volume 58, Issue 2.

Article | February 1, 2008

UK Employment and Labour Law — Quarterly Executive Summary (January 2008)

Welcome to the latest Quarterly Executive Summary, in which we highlight key developments in UK Employment and Labour Law over the last quarter of 2007 and look forward to key developments in 2008.  A headline summary of cases and developments is provided below.

Client Alert | January 31, 2008

Amendment to Foreign Sovereign Immunities Act Makes It Easier for Victims to Recover Damages from State Sponsors of Terrorism

Victims of state-sponsored terrorism will more readily be able to recover damages from terrorist states as a result of a provision of the National Defense Authorization Act for Fiscal Year 2008, which was signed into law today.

Client Alert | January 28, 2008

The Impact of Financial Stress on the Exercise of a Director’s Fiduciary Duties

Orange County partner Craig H. Millet is the author of "The Impact of Financial Stress on the Exercise of a Director's Fiduciary Duties" [PDF] published in the January 19, 2008 issue of the Orange County Business Journal.

Client Alert | January 19, 2008

The French Supreme Court Applies the 1980 Blocking Statute for the First Time and Strengthens the Conditions Under Which Evidence To Be Used in Foreign Litigation Can Be Obtained in France

On December 12, 2007, the French Supreme Court upheld the Paris Court of Appeals' ruling of March 28, 2007, which found a French lawyer criminally liable for violating the 1980 Blocking Statute that prohibits, inter alia, the gathering in France of business-related information to be used in foreign litigation (the "Decision").  Factual BackgroundThe Decision is one aspect of the lengthy Executive Life case.In 1998, the California Insurance Commissioner launched an investigation against a French consortium for an alleged fraudulent take-over of the U.S.

Client Alert | January 17, 2008

U.S. Supreme Court’s Decision Today Limits the Scope of Private Rights of Action Under the Federal Securities Laws

On January 15, 2008, the Supreme Court issued an important decision clarifying the contours of private actions under the key anti-fraud provision of the securities laws.

Client Alert | January 15, 2008

To Let Expire or Not to Let Expire? Responding to an Expiring Rights Plan

Washington, D.C. partner Stephen I. Glover and associates Jennifer Boatwright and Anthony Shoemaker are authors of "To Let Expire or Not to Let Expire?

Client Alert | January 15, 2008

How Easy Is Your Exit? Opportunities and pitfalls of buy-sell mechanisms

New York Partner Andrew H. Levy  is co-author of "How Easy Is Your Exit? Opportunities and pitfalls of buy-sell mechanisms" [PDF] published in the New York Law Journal.

Client Alert | January 14, 2008

SEC to Accept IFRS Financial Statements from Foreign Private Issuers without US GAAP Reconciliation

The US Securities and Exchange Commission (the "SEC") recently announced its adoption of rules under which it will accept filings from foreign private issuers containing financial statements prepared in accordance with International Financial Reporting Standards ("IFRS") as issued by the International Accounting Standards Board (the "IASB") without requiring reconciliation to US generally accepted accounting principles ("US GAAP").

Client Alert | January 11, 2008

Internal Revenue Code Section 409A: Ten Traps for the Unwary

Washington, D.C. Partner Michael Collins co-authored "Internal Revenue Code Section 409A: Ten Traps for the Unwary", [PDF] which has been published in several BNA publications, including the January 8, 2008 Pension & Benefits Reporter.

Client Alert | January 8, 2008

2007 Year-End FCPA Update

2007 -- A "Landmark Year" in FCPA Enforcement "2007 is by any measure a landmark year in the fight against foreign bribery." When Mark F. Mendelsohn, Deputy Chief of the Fraud Section in the Department of Justice's Criminal Division ("DOJ") and the government's top criminal Foreign Corrupt Practices Act ("FCPA") enforcer, opened the 2007 ACI FCPA Conference with this bold statement, not a single eyebrow rose across the ballroom filled with members of the ever-growing FCPA Bar.

Client Alert | January 4, 2008

German Aspects of Acquisition Financing

Munich office lawyers Birgit Friedl and Marcus Geiss are the authors of  "German Aspects of Acquisition Financing" [PDF] which appears in Financial Yearbook Germany 2008.   Reprinted by permission.

Client Alert | January 2, 2008

OPEN Government Act Restores Promise of FOIA

Gibson Dunn of counsel James C. Ho authored an article entitled "OPEN Government Act Restores Promise of FOIA" [PDF] for the January 2008 issue of the MediaLawLetter, published by the Media Law Resource Center.

Client Alert | December 31, 2007

Constitutional Law: Punitives And Process

Dallas partner James Ho is the author of “Constitutional Law: Punitives And Process” [PDF] published in the December 24, 2007 issue of Texas Lawyer.

Client Alert | December 24, 2007